Baney found incompetent for trial

81-year-old accused of shooting son after argument.

81-year-old accused of shooting son after argument.

January 06, 2009|PABLO ROS Tribune Staff Writer

SOUTH BEND -- A judge on Monday declared an 81-year-old man afflicted with Alzheimer's disease incompetent to stand trial for attempted murder. Judge John M. Marnocha of St. Joseph Superior Court called Wayne M. Baney's case unusual because of the degenerative nature of Alzheimer's and because there is no cure. Unlike other cases involving mental illness in which a defendant's competency is in question, Baney's condition may continue to deteriorate irreparably, the judge said. Baney was charged with attempted murder in July 2007 for allegedly shooting his 48-year-old son in the stomach after an argument at his son's house in South Bend. Marnocha's decision followed a competency hearing that lasted for about an hour Monday afternoon at which two mental health experts testified on Baney's condition. The two experts disagreed on whether Baney was competent to stand trial, or whether he understood the charges against him and the process of a criminal trial as well as the roles of people involved in the case. They both agreed that Baney showed symptoms of Alzheimer's or dementia, including forgetfulness of family members' names and other relevant personal information. In ruling on the matter, Marnocha relied in part on his own observations of the defendant in court. He said Baney had appeared since he was first charged to be unable to understand the purpose of the many court hearings he had attended. He described him as appearing "lost." The judge committed Baney to the state's division of mental health and addiction, and he set a hearing to rule on Baney's rehabilitation. Baney's trial had been set to begin Jan. 20; instead, he will be back on that date for the court hearing. But because of the degenerative nature of Alzheimer's, Baney's lawyer, Charles W. Lahey, has said Baney may never be competent to stand trial. Marnocha said Baney should be treated at his current home or in a "least restrictive setting."